New Jersey operates under a dual system regarding the dissolution of marriage. This means that individuals seeking to end their marriage can do so by alleging specific grounds, or alternatively, by citing irreconcilable differences. The latter option provides a pathway to divorce without assigning blame to either party. Irreconcilable differences require a demonstration that the marital relationship has broken down irretrievably for a period of six months, and that there is no reasonable prospect of reconciliation.
The availability of a divorce option based on irreconcilable differences offers several advantages. It can reduce the animosity and conflict often associated with divorce proceedings, as it eliminates the need to prove fault-based grounds such as adultery or desertion. This can lead to a more amicable resolution of issues like property division, spousal support, and child custody. Historically, the introduction of this option reflected a shift towards recognizing the reality that marriages can end for reasons beyond specific wrongdoing, and aimed to provide a more humane and efficient process for dissolution.